Trademark Renewal
Renew Your Trademark Today! Don’t let your valuable trademark expire. Ensure its continued protection and exclusivity by renewing it promptly. Our hassle-free trademark renewal service makes the process quick and easy. Don’t risk losing your brand’s identity.
Renew Your Mark
Overview of Trademark Renewal
Trademark Renewal: A mandatory process that should be completed every ten years or before its expiry maintain the legal protection of a registered trademark. It is essential to initiate the renewal process at least six months before the expiration date to ensure uninterrupted trademark rights and avoid potential legal disputes.
For renewal of a trademark, the applicant must prepare and submit the trademark renewal application before the specified cut-off date. By doing so, they can enjoy continuous protection without the risk of litigation. The Trademark renewal application form, known as TM-R, should be accompanied by the required fee, which is typically around Rs. 9000. Failure to renew a trademark within the designated timeframe may result in the mark being removed and potentially subject to trademark restoration proceedings. Therefore, timely renewal of a trademark is crucial to maintain the significance and value of a registered brand.
What is Trademark Renewal
Renewing a Trademark: Trademark registrations have an initial validity period of 10 years, but they can be renewed indefinitely. It is recommended to initiate the renewal process approximately six months prior to the expiration date to ensure continuous protection. Even well-established organisations may occasionally overlook these deadlines; however, trademark owners typically receive a reminder at their registered address before the expiration date.
In the event that the renewal deadline is missed, there is still an opportunity to restore the trademark within a year after its expiration. The registrar may issue a notice in the Trade Marks Journal indicating their intention to withdraw the trademark, although this is more likely to occur within the one-year window.
In the context of India, trademark renewal can be conveniently completed online within six to twelve months after the expiration date. Trademark registration renewal online offers convenience and efficiency for trademark owners, allowing them to easily initiate and complete the trademark renewal online process through online platforms. This streamlined approach ensures uninterrupted legal protection for their registered trademarks and provides a hassle-free experience for trademark renewal online. By leveraging online platforms, trademark owners can save time and effort while ensuring compliance with trademark renewal online requirements. By submitting the necessary fee and following the restoration procedure, trademark owners can reinstate their trademarks.
Maintaining a professional approach to renewal is crucial. Adhering to deadlines and fulfilling the necessary renewal requirements promptly ensures the continuation of legal protection and exclusivity for the registered trademark. This, in turn, safeguards the brand’s identity and reputation within the competitive marketplace.
Frequently Asked Questions
If a trademark is not renewed timely, it may lose its legal protection, resulting in the mark becoming vulnerable to unauthorized use by others and potentially leading to trademark infringement disputes.
Trademarks typically need to be renewed every 10 years to maintain their legal protection, with the renewal process initiated around six months prior to the expiration date.
To renew a trademark after expiry, the proprietor has a period of renewing it within 6 months by payment of surcharge and post 6 months but within a year the proprietor can apply for restoration by filing the necessary renewal application and paying the required fees, including any applicable surcharges or penalties.
Trademark restoration allows the renewal of a trademark that has expired by filing an application within a specified timeframe ( after 6 months of expiry and within one year from the date of expiry). It involves paying the required fees, including restoration fees, to reinstate the trademark’s legal protection and rights.
Failure to file a trademark renewal application or renewal with surcharge and restoration the mark is considered expired, leading to its removal from the official register of trademarks.
Trademark registration is the initial process of securing legal protection for a trademark, establishing exclusive rights over a mark for specific goods or services. Trademark renewal, on the other hand, involves extending the term of an existing trademark registration beyond its initial validity period. Renewal is necessary to maintain continuous protection, while registration is the first step in obtaining legal rights for a trademark. Failure to renew within the designated timeframe can result in the loss of trademark rights and removal from the official register.
Trademark Renewal Procedure India
The process of trademark renewal in India comprises several steps to maintain the ongoing protection of a trademark. Here is a simplified overview of the trademark renewal process and the required docume
Step 1: Application Filing
The trademark owner or its authorised attorney submits a renewal application, known as Form TM-R, to the Trademark Registry. The application includes details such as the trademark registration number, the current status of the trademark, and the contact information of the applicant.
Step 2: Verification
The Trademark Registry verifies the renewal application and allows the same.
Step 3: Publication in Trademark Journal
Upon taking the renewal on record, the trademark renewal details are published in the Trademark Journal.
Step 4: Issuance of Renewal Certificate
After the completion of the publication period, the Trademark Registry issues the Trademark Renewal Certificate. This certificate serves as confirmation of the renewed validity of the trademark for the next 10 years.
Documents required for trademark renewal
There is no compulsory or specific document requirement for renewing a trademark registration online in India.
Advantages of Trademark Renewal
Renewing a trademark provides several advantages that are worth considering:
- Continuous Legal Protection: Trademark renewal provides you with strong legal protection for your brand. In case of any trademark infringement, having a valid registered trademark strengthens your position in court and makes it easier to establish your rights and seek appropriate remedies.
- Valuable Business Asset: A registered trademark can become a valuable business asset as your brand grows and gains recognition. It opens up possibilities for licensing agreements, franchising, or even selling ownership rights. This allows you to monetize your brand and generate additional revenue streams.
- Establishes a Distinct Identity: Registering your trademark helps create a unique and distinctive identity for your brand. It prevents others from using similar phrases or catchphrases that could confuse customers or dilute your brand’s reputation. With a registered trademark, you can stand out from the competition and solidify your brand’s reputation in the market.
- Competitive Advantage: Renewing your trademark gives you a competitive edge in the marketplace. It prevents competitors from imitating your brand or capitalizing on your success. With an established and renewed trademark, you can differentiate yourself from others and maintain a strong market position.
Trademark Renewal Fees
The government fees for trademark renewal in India are as follows:
For offline filing: Rs. 10,000 if the renewal application is filed before the expiry of the trademark.
For online filing: Rs. 9,000 if the renewal application is filed before the expiry of the trademark.
In case the renewal application is filed within 6 months after the expiry, an additional surcharge is applicable. The surcharge is Rs. 4,500 per class for e-filing and Rs. 5,000 per class for offline filing. It’s important to note that these fee amounts are subject to change, and it’s advisable to consult the relevant trademark office or seek professional assistance to confirm the current fee structure for trademark renewal in India.
Restoration of Trademark
In situations where a trademark renewal has been missed, there is still an option available. If a trademark is not renewed within the specified time period, it can potentially be restored. The restoration of a trademark is permitted under Section 25(4) of the Trademark Act, 1999.
The restoration of a trademark can be sought within one year from the date of its expiration. To initiate the restoration process, an additional fee is required in addition to the standard renewal fee. The fee for restoration is 10,000 rupees for physical filing and 9,000 rupees for online filing.
It’s important to note that the restoration option is available only within the one-year timeframe following the expiration of the registered trademark. After this period, restoration may not be possible, and the trademark may be considered abandoned. It is advisable to consult the relevant trademark office or seek professional guidance for the accurate filing of restoration applications and the associated fees.
How Mark-O-Legal can help you
Mark-O-Legal is a reliable partner that can assist you in renewing your trademark. With their team of experienced trademark attorneys and specialists, they offer expert guidance and timely reminders to ensure you meet renewal deadlines. They handle the entire renewal process, from document preparation and filing to compliance with renewal requirements. Mark-O-Legal keeps you updated on the progress of your application and addresses any issues or objections that may arise. Additionally, they provide a range of trademark services, including search, registration, opposition, and infringement protection. By partnering with Mark-O-Legal, you can navigate the trademark renewal process efficiently and effectively, ensuring the ongoing protection of your valuable intellectual property.
Frequently Asked Questions
If a trademark is not renewed timely, it may lose its legal protection, resulting in the mark becoming vulnerable to unauthorized use by others and potentially leading to trademark infringement disputes.
Trademarks typically need to be renewed every 10 years to maintain their legal protection, with the renewal process initiated around six months prior to the expiration date.
To renew a trademark after expiry, the proprietor has a period of renewing it within 6 months by payment of surcharge and post 6 months but within a year the proprietor can apply for restoration by filing the necessary renewal application and paying the required fees, including any applicable surcharges or penalties.
Trademark restoration allows the renewal of a trademark that has expired by filing an application within a specified timeframe ( after 6 months of expiry and within one year from the date of expiry). It involves paying the required fees, including restoration fees, to reinstate the trademark’s legal protection and rights.
Failure to file a trademark renewal application or renewal with surcharge and restoration the mark is considered expired, leading to its removal from the official register of trademarks.
Trademark registration is the initial process of securing legal protection for a trademark, establishing exclusive rights over a mark for specific goods or services. Trademark renewal, on the other hand, involves extending the term of an existing trademark registration beyond its initial validity period. Renewal is necessary to maintain continuous protection, while registration is the first step in obtaining legal rights for a trademark. Failure to renew within the designated timeframe can result in the loss of trademark rights and removal from the official register.